Introduction

The purpose of this document is to define the service level metrics that Cloud A will deliver when providing cloud infrastructure services: IaaS and PaaS. This document will also define what commercial compensation will be provided if Cloud A does not deliver according to the stated metrics.

This Service Level Agreement (“SLA”) forms part of the agreement between the customer and Cloud A and is effective as of the date of release, as shown below, and applicable to all active cloud infrastructure services.

Date – 6th November 2013

Version – 1.0

Notes – First Revision

Definitions

The following terms have the meanings set forth below when used in this SLA:

SLA: Service Level Agreement between Cloud A and the customer.
Cloud Server: Virtual elastic server with a mix RAM, CPU and Disk resources, running Linux or Windows, paid by the hour and controllable via the Web Control Panel or the compute API.
Cloud Storage: Virtual disk for persistent object storage, accessible and controllable via the Web Control Panel or the storage API.
Web Control Panel: The Cloud A dashboard provided at https://dash.clouda.ca/ where clients may log in to manage their services.
Scheduled Maintenance: Planned periods during which Cloud A’s operations teams will execute maintenance tasks on the server, storage or network infrastructure, to update, correct or secure it. Scheduled maintenance periods are subject to prior notification to customers by email or through messages displayed in the Web Control Panel.
Emergency Maintenance: Maintenance windows that may be set for which Cloud A provides customer Notification at least four (4) hours before the beginning of an emergency maintenance window and identifies the service impacting reason for the maintenance.
Notification: A message displayed in the Web Control Panel or sent by email, with important information regarding a maintenance operation (scheduled or emergency).
Maintenance Window: A period, identified by a date, start and stop time, during which maintenance operations will be carried by Cloud A’s operations teams. Maintenance operations will only be initiated at the start time and will be completed on or before the stop time.
Force Majeure: Extraordinary event or circumstance beyond the control of Cloud A, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), that prevents Cloud A from fulfilling its obligations under the general terms and conditions.

Acceptable Use Policy

Compliance required by both parties to the use of Cloud A Services, as described in https://www.clouda.ca/other/tos/.

General Terms

Service credit claims must be submitted in writing, within 30 days from the SLA violation to which they refer, via email to support@clouda.ca.

If the parties agree that Cloud A has failed to meet any service level guarantee during any given calendar month, Cloud A will credit the customer’s account with the defined compensation.

Service credits shall apply only to the usage fee paid by the customer over the one-month period under analysis, for the affected services or resources.

The payment of the compensation shall be the customer’s sole and entire remedy from Cloud A for any downtime arising under this agreement.

The customer agrees to correct problems and attempt to minimize the recurrence of problems for which customer is responsible and may prevent Cloud A from meeting the SLA.

A customer is not entitled to receive a service credit in the following cases:

If any downtime was caused by customer initiated actions whether implemented by customer or by Cloud A;

If any downtime was caused by an operating system or application malfunctioning or misuse by the customer and not a failure on the underlying network and physical host infrastructure directly and solely managed by Cloud A;

If any downtime was due to Scheduled Maintenance and within the defined Maintenance Window announced;

If any downtime was due to a Force Majeure event;

If the customer had his account suspended for any day of the month under analysis caused by non-payment of the usage fees;

Downtime due to the acts or omissions of the customer, its employees, agents, third party contractors or vendors;

Any event or condition not wholly within the control of Cloud A and violations of its Acceptable Use Policy.

Service Level Guarantees

Service Availability

Availability level
>=99.99%
>=99.95% and <99.99%
>=99.50% and <99.95%
>=99.00% and <99.50%
>=90.00% and <99.00%
<90.00%
Max downtime
4m 19s
21m 36s
3h 36m
7h 12m
72h
720h
Compensation
0%
2%
5%
10%
50%
100%

Web Control Panel Availability

Availability level
>=99.50%
>=99.00% and <99.50%
>=90.00% and <99.00%
<90.00%
Max downtime
3h 36m
7h 12m
72h
720h
Compensation
0%
5%
10%
15%
Service credits are calculated as the percentage of the monthly charges for Cloud A Services in the month affected on the affected Cloud A resources.